When you face the compulsory purchase of your property under eminent domain laws, it is easy to think that all you can do is try to ensure that you get a fair price. After all, it is the government making you sell your land, and they have much more power and funds than you as an individual.
The reality is that while fighting these cases can be very challenging, some people do succeed and get to keep their property without being forced to sell. Here are two possible ways.
Showing your piece of land is not necessary for the project
Developers sometimes take a broader sweep of land than is actually necessary for a project. Sometimes it is down to a miscalculation, while other times it is better attributed to laziness or an attempt to save money. If you can show that your property does not need to be taken for the project to go ahead, then you may be excluded from the compulsory purchases.
Show that the project is not necessary or not in the public interest
There is big money to be made when developments are carried out, and many parties may stand to benefit. Thus, there can be pressure to persuade everyone that the project is in the public interest when it really is not. While a project might indeed bring some benefits to the public as a whole, it may not be nearly as beneficial as claimed. It might even cause significant disadvantage to some in the community, such as if a new road that eases congestion would take traffic and footfall away from local businesses.
Seeking legal guidance when faced with an eminent domain purchase is always wise. An experienced team can help you study the reality of the project and what your options realistically are.
